Appeals judges press both sides over Trump's National Guard deployment in DC
Who controls troops on the streets of a city that is not a state, argued in court 14 months in.
A three-judge panel of the US Court of Appeals for the DC Circuit, appointed by Presidents Clinton, Obama and Biden, heard arguments Wednesday in DC Attorney General Brian Schwalb's challenge to the Guard deployment that began in August 2025 and peaked at about 5,000 troops. All three judges challenged the District's argument that the president lacks at least some authority to deploy the Guard there, while at least one was openly skeptical of the Justice Department, Fox 5 DC reports. The DOJ warned that limiting the president could block Guard support for inaugurations, protests and disaster relief. A district judge ruled the deployment illegal last November; the appeals court paused that ruling in December.
Across the spectrum 2
Democrat
DC Attorney General Brian Schwalb (D), arguing the case: "For over a year now there have been more than thousands of National Guard on the streets of the District of Columbia who are not from the District of Columbia but from other states. And they have spread apprehension and confusion by patrolling near our schools, by deploying near our election drop boxes, by marching through our neighborhoods."
FOX 5 DC ↗Republican
The Trump administration, through Justice Department attorney Eric McArthur: "The president ordered the Secretary of Defense to mobilize the D.C. National Guard and to coordinate with state governors to bring in state guards to support the federal mission." The department warned that ruling for the District could block the Guard from inaugurations, major demonstrations and disaster relief.
FOX 5 DC ↗-
District of Columbia Home Rule Act
After exploring Appeals court weighs President Trump’s power to deploy National Guard in DC, the 1973 law at the center of the case is District of Columbia Home Rule Act.
The federal law that handed some of Congress's powers over Washington to an elected mayor and council.
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